- 1 - HC-KAR NC: 2025:KHC:36684 MFA No. 4135 of 2023 C/W MFA No. 5209 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4135 OF 2023 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 5209 OF 2023 (MV-I) IN MFA No. 4135/2023 BETWEEN: NIHAL KHAN M.Z., S/O JAKIR KHAN.M.E AGED ABOUT 21 YEARS R/AT 4/2-426, NEAR KEB GONIKOPPA VIRAJPET TQ KODAGU DISTRICT -571 213 …APPELLANT (BY SRI. SYED ABDUL SABOOR, ADVOCATE) AND: 1. SRI.RAJAPPA S/O ANTHONAPPA AGED ABOUT 31 YEARS R/AT SHANTHIPURA VILLAGE KARIMIDDANAHALLI POST KILIKERE HOBLI, HUNSUR TALUK MYSURU DISTRICT -571 105 2. THE MANAGER SHRIRAM GENERAL INSURANCE COMPANY LTD., NEW KANTHARAJ URS ROAD OPPOSITE BGS HOSPITAL KUVEMPUNAGAR MYSURU -570 004 …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R2 V/O/D 24/04/2025- NOTICE TO R1 IS DISPENSED WITH) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36684 MFA No. 4135 of 2023 C/W MFA No. 5209 of 2023 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.03.2023 PASSED IN MVC NO.183/2021 ON THE FILE OF THE PRL. JUDGE, COURT OF SMALL CAUSES AS A PRESIDING OFFICER, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION IN MFA NO. 5209/2023 BETWEEN: THE MANAGER SHRIRAM GIC LTD BRANCH OFFICE AT NEW KANTHRAJ URS ROAD, OPP. BGS HOSPITAL KUVEMPUNAGAR, MYSURU NOW REP. BY ITS THE LEGAL MANAGER SHRIRAM GIC LTD, NO 5/3 3RD FLOOR, S V ARCADE BELAKAHLALI MAIN ROAD OFF B G ROAD, IIMB POST BENGALURU -560 076 ...APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. NIHAL KHAN M.Z. S/O JAKIR KHAN M E AGED ABOUT 22 YEARS R/AT 4/2-426, NEAR KEB GONIKOPPA, VIRAJPET TLAUK KODAGU DISTRICT- 571 213 2. RAJAPPA S/O ANTHONAPPA AGED ABOUT 32 YEARS R/AT SHANTHIPURA VILLAGE KARIAMUDDANAHALLI POST BILIKERE HOBLI HUNSUR TALUK - 3 - HC-KAR NC: 2025:KHC:36684 MFA No. 4135 of 2023 C/W MFA No. 5209 of 2023 MYSURU DISTRICRT ...RESPONDENTS (BY SRI. RITHVIK BALANAGRAJ B., ADVOCATE FOR R1 V/O/D 16.08.2023- NOTICE TO R2 DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 28.03.2023 PASSED IN MVC NO.183/2021 ON THE FILE OF THE PRINCIPAL SMALL CAUSES AND SENIOR CIVIL JUDGE, MACT, MYSURU, AWARDING COMPENSATION OF RS.7,10,000/- EXCLUDING MEDICAL EXPENSES OF RS.30,000/- (DOES NOT CARRY ANY INTEREST) WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DEPOSIT. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.183/2021 dated 28.03.2023 by the Principal Judge, Court of Small Causes and MACT, Mysuru, both Insurance Company as well as the claimant are before this court. The Insurance Company’s appeal is MFA.No.5209/2023 and the claimant’s appeal is MFA.No.4135/2023. 2. The claim petition is filed seeking compensation of an amount of Rs.31,00,000/- for the injuries sustained by the claimant in the road traffic accident occurred on 27.12.2020 - 4 - HC-KAR NC: 2025:KHC:36684 MFA No. 4135 of 2023 C/W MFA No. 5209 of 2023 and the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 55,000/- 2. Medical Expenses : Rs. 88,000/- 3. Loss of amenities : Rs. 45,000/- 4. Loss of future income : Rs. 4,38,500/- 5. Loss of income during the laid up period : Rs. 43,500/- 6. Attendant, food and nourishment charges : Rs. 10,000/- 7. Future medical expenses : Rs. 30,000/- TOTAL : Rs. 7,10,000/- 3. Learned counsel appearing for the insurance company submits that on all the counts the Tribunal had awarded unreasonable compensation without even considering the evidence on record. It is submitted that the even for the loss of amenities also the amount that is awarded by the Tribunal is on the higher side and the same needs to be reduced. 4. Learned counsel appearing for the claimant submits that as per the evidence of the doctor, when the claimant had sustained 51% disability, the Tribunal had taken 10% which is not appropriate, there is no basis for the Tribunal to take 10% whole body disability when the limb disability is 51%. It is - 5 - HC-KAR NC: 2025:KHC:36684 MFA No. 4135 of 2023 C/W MFA No. 5209 of 2023 submitted that even under the head of pain and suffering the amount of compensation that is awarded by the tribunal is not just and reasonable. 5.Having heard the learned counsels on either side, perused the material on record. Considering the two injuries sustained under the head of pain and suffering this court is granting an amount of Rs.60,000/-, towards medical expenses and loss of income during the laid up period, the tribunal had rightly granted an amount of Rs.88,000/- and Rs.43,500/- respectively and no interference is required. Towards attendant and nourishment charges, the tribunal has rightly granted the compensation. Towards loss of future income, when the doctor had given evidence that there is 51% disability, without any basis the tribunal has taken 10%, this court is inclined to take 17% disability, this court is granting an amount of Rs.5,32,440/- (Rs.14,500/- x 12 x 18 x 17/100 = Rs.5,32,440/-). Then coming towards loss of amenities considering the disability, this court is granting an amount of Rs.40,000/-. Towards future medical expenses, the - 6 - HC-KAR NC: 2025:KHC:36684 MFA No. 4135 of 2023 C/W MFA No. 5209 of 2023 tribunal had rightly granted Rs.30,000/- and no interference is called for. 76. In the light of the law laid down by the Hon’ble Supreme Court in the case of V. MEKALA Vs. M. MALATHI AND ANOTHER, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. 7. Altogether the claimant is entitled for compensation for an amount of Rs.8,13,940/- under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering Rs. 55,000/- 60,000/- 2. Medical Expenses Rs. 88,000/- 88,000/- 3. Food and Attendant charges Rs. 10,000/- 10,000/- 4. Loss of future income Rs. 4,38,500/- 5,32,440/- 5. Loss of income during the laid up period Rs. 43,500/- 43,500/- 6. Loss of Amenities Rs. 45,000/- 40,000/- 7. Future medical expenses Rs. 30,000/- 30,000/- 8. Legal expenses Rs. 10,000/- TOTAL Rs. 7,10,000/- 8,13,940/- - 7 - HC-KAR NC: 2025:KHC:36684 MFA No. 4135 of 2023 C/W MFA No. 5209 of 2023 i. Accordingly, the appeal filed by the claimant MFA.No.4135/2023 is Partly Allowed by enhancing the compensation from an amount of Rs.7,10,000/- to Rs.8,13,940/-. Appeal filed by the Insurance Company MFA.No.5209/2023 is dismissed. ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. The amount in deposit shall be forthwith transferred to the tribunal. iv. Respondent-Insurance Company shall deposit the said compensation amount with accrued interest before the tribunal within a period of 8 (Eight) weeks. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. v. The apportionment of the amount shall be as per the order passed by the Tribunal. vi. No costs. - 8 - HC-KAR NC: 2025:KHC:36684 MFA No. 4135 of 2023 C/W MFA No. 5209 of 2023 vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 5 Sl No.: 3